Wastewater treatment plant expansion—Allocation of capacity

A. The remaining expansion capacity of five hundred forty-six thousand one hundred sixty gallons per day (gpd) at the regional wastewater treatment plant shall be allocated as follows: 1. Long-term residential housing: two hundred thousand gpd; 2. Public/quasi-public uses: fifty thousand gpd; 3. Kihei research and technology park: twenty-six thousand five hundred gpd; 4. Wailea Resort: sixty-two thousand two hundred gpd; a. Long-term residential housing: forty-seven thousand two hundred gpd, b. Unspecified uses except for hotels: fifteen thousand gpd; 5. All other developments shall be allocated upon availability of capacity subsequent to the deduction of the wastewater allocations for subsections A1, 2, 3, and 4, and provided that the council, by resolution, must approve each request for wastewater capacity for hotel uses: two hundred seven thousand four hundred sixty gpd. B. In making this determination, where capacity is available and the development of the applicant next in line exceeds the available capacity, the director may in his discretion allocate such available capacities to later applicants in the order of permit issuance. Prior to making such a determination, the director shall allow the applicant, whose development exceeds the available capacity, thirty days within which to make adjustments to the development plans. If the adjustments bring the flow projections within the available capacity, the said applicant shall be allowed to connect to the extent of the reduced capacity. Should said applicant fail to adjust the development plans to said development's wastewater flow demands to a flow not exceeding the available capacity within said thirty days, the director may proceed to allocate available capacity in the manner noted hereinabove. The formula for calculating additional capacity for developments other than long-term residential is as follows: DC - (ADF + RR) = capacity available for developments other than long-term residential developments. C. All developments which utilize the expansion capacity shall comply with the applicable terms of any sewer impact fee or assessment ordinance adopted on or before December 31, 1994. (Ord. 2391 § 1, 1994; Ord. 2262 § 2, 1993; Ord. 2126 § 1, 1992; Ord. 2022 § 2, 1991; Ord. 1843 § 1, 1989: Ord. 1787 § 3 (part), 1989)